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The Maryland Code, Public General Laws, 1888
Volume 389, Page 71   View pdf image
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ART. 9.] JUDGMENT OF CONDEMNATION. 71

Walters v. Munroe, 17 Md 506. Graff v. Transp. Co , 18 Md 364. Dawson v.
Contee, 22 Md 28. Mears v. Adreon, 31 Md. 235. C. S. & L. Co. v. Kerngood,
51 Md. 416. Lee v. C. S. & L. Co., 58 Md. 302. Johnson v. Foran, 59 Md. 461.

P. G. L.. (1860,) art. 10, sec. 14. 1715, ch. 40, sec. 4. 1860, ch. 28.

13. No sheriff or other officer shall levy by way of execution
against the garnishee more than the plaintiffs debt and cost, nor
more than what the said plaintiff shall make appear to be the
vaiue of the property and credits attached in the hands of such
garnishee, together with such costs only as the garnishee shall
put the plaintiff to by denying himself to be indebted to the
defendant, and contesting the same; and upon any judgment of
condemnation nisi against any garnishee for want of appearance
or plea, the plaintiff shall be at liberty to proceed and prove his
case in the same manner as in any judgment by default ex
parte, and not otherwise, by proof of his debt, and also of the
amount of the assets of the defendant in the hands of the gar-
nishee properly subject to attachment; and no judgment of con-
demnation nisi shall be made absolute without such proof; pro-
vided, that in all cases in which a garnishee has been summoned,
at any time after the return of the writ, the plaintiff may file
interrogatories in the cause, which shall be served by the sheriff
upon the garnishee within ten days thereafter; or if the gar-
nishee shall be a non-resident of the State, shall be served upon the
garnishee by some person to be appointed by the court in which
the case is pending; and if the garnishee shall fail to answer
said interrogatories within twenty days after the service of the
interrogatories upon him, then, upon proof of such service, the
plaintiff shall be entitled to judgment against the garnishee for
the amount of the claim of the plaintiff for which the attachment
was issued.

Laflin v. B & O R R. Co , 63 Md. 76.

Ibid. sec. 15. 1795, ch. 56, sec. 4.

14. The garnishee in every attachment issued in pursuance of
the preceding sections, may plead in behalf of the defendant, any
plea or pleas which the defendant might or could plead if the
summons had been served upon him and he had appeared.

Barr v. Perry, 3 Gill, 323. Lambden v. Bowie, 2 Md. 339. Risewick v.
Davis, 19 Md. 84. Spear v. Griffin, 28 Md. 429.

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 71   View pdf image
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